Last Updated: May 25, 2018
Third Party Terms and Conditions
These Third Party Terms apply to the Third Party Products identified below that OVH makes available to You in connection with the OVH Services. Third Party Products include all non-OVH branded products and services, including, without limitation, third party data, services, content, software and applications, whether or not such products or services are made available by OVH on a standalone basis, as an add-on component or embedded in the OVH Services. These Third Party Terms are incorporated by reference into the Terms of Service located at https://us.ovhcloud.com/legal/terms-conditions (the “Terms of Service”). Any capitalized terms used but not defined in these Third Party Terms will have the meanings given to them in the Terms of Service. Some Third Party Products made available by OVH are subject to separate terms that may be separately presented to you by OVH, including when you are making a purchase on OVH’s website. Such terms are hereby incorporated by reference.
By purchasing, downloading or using any of the Third Party Products, you agree to be bound by the applicable terms for that Third Party Product. If you do not agree to be bound by any of the applicable terms for any Third Party Product, then you must not use that Third Party Product.
Certain Third Party Products resold by OVH are provided by the following licensors, under such licensors’ own end user license agreements. Please see the relevant links below. Before you use any of these offerings, please review the applicable end user license agreement.
If you license a Veeam product or service, You must agree to the terms located at the following website: www.veeam.com/eula.html.
If you use any OVH Service that is enabled by a VMWare product or service, You must agree to the applicable terms located at the following website: www.vmware.com/download/eula.html.
If you license a Microsoft product or service, You must agree to the terms set forth in Appendix A attached hereto.
APPENDIX A -- TERMS AND CONDITIONS REGARDING USE OF MICROSOFT SOFTWARE
This document governs the use of Microsoft software, which may include associated software, media, printed materials, and “online” or electronic documentation (individually and collectively, “Products”) provided by OVH. OVH does not own the Products and the use thereof is subject to certain rights and limitations of which OVH must inform you. Your right to use the Products is subject to the terms of your agreement with OVH, and to your understanding of, compliance with, and consent to the following terms and conditions, which OVH does not have authority to vary, alter, or amend.
“Client Software” means software that is installed on a Device that allows the Device to access or utilize the Products.
“Device” means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone,” server or any other hardware where software can be installed that would allow End User to interact with the Product.
“End User” means an individual or legal entity that obtains Software Services directly from OVH, or indirectly through a Software Services Reseller.
“Redistribution Software” means the software described in Paragraph 4 (“Use of Redistribution Software”) below.
“Software Services” means services that OVH provides to you that make available, display, run, access, or otherwise interact, directly or indirectly, with the Products. OVH must provide these services from data center(s) through the Internet, a telephone network or a private network, on a rental, subscription or services basis, whether or not OVH receives a fee. Software Services exclude any services involving installation of a Product directly on any End User device to permit an End User to interact with the Product.
2. Ownership of Products. The Products are licensed to OVH from an affiliate of the Microsoft Corporation (collectively “Microsoft”). Microsoft Products are protected by copyright and other intellectual property rights. Products and other Product elements including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the Products are owned by Microsoft or its suppliers. You may not remove, modify or obscure any copyright trademark or other proprietary rights notices that are contained in or on the Products. The Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the Products does not transfer any ownership of the Products or any intellectual property rights to you.
3. Use of CLIENT SOFTWARE. You may use the Client Software installed on your Devices only in accordance with your agreement with OVH and the terms under this document, and only in connection with the Software Services, provided to you by OVH. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented in electronic form during the installation and/or use of the Client Software.
4. USE OF REDISTRIBUTION SOFTWARE. In connection with the Software Services provided to you by OVH, you may have access to certain “sample,” “redistributable” and/or software development software code and tools (individually and collectively “Redistribution Software”). You may use, copy and/or install the Redistribution Software only in accordance with the terns of your agreement with OVH and this document and/or your agreement with OVH.
5. Copies. You may not make any copies of the Products; provided, however, that you may (a) make one copy of Client Software on your Device as expressly authorized by OVH; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with OVH, upon notice from OVH or upon transfer of your Device to another person or entity, whichever occurs first. You may not copy any printed materials accompanying the Products.
6. Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the Products, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.
7. No Rental. You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Products to any third party, and may not permit any third party to have access to and/or use the functionality of the Products except for the sole purpose of accessing the functionality of the Products in the form of Software Services in accordance with the terms of this agreement and any agreement between you and OVH.
8. Termination. Without prejudice to any other rights, OVH may terminate your rights to use the Products if you fail to comply with these terms and conditions. In the event of termination or cancellation of your agreement with OVH or OVH’s agreement with Microsoft under which the Products are licensed, you must stop using and/or accessing the Products, and destroy all copies of the Products and all of their component parts within thirty (30) days of the termination of your agreement with OVH.
9. No Warranties, LIABILITIES OR REMEDIES BY MICROSOFT. Microsoft disclaims, to the extent permitted by applicable law, all warranties and liability for damages by Microsoft or its suppliers for any damages and remedies whether direct, indirect or consequential, arising from the Software Services. Any warranties and liabilities are provided solely by OVH and not by Microsoft, its affiliates or subsidiaries.
10. PRODUCT SUPPORT. Any support for the Software Services is provided to you by OVH or a third party on OVH’s behalf and is not provided by Microsoft, its suppliers, affiliates or subsidiaries.
11. NOT FAULT TOLERANT. The Products are not fault-tolerant and are not guaranteed to be error free or to operate uninterrupted. You must not use the Products in any application or situation where the Product(s) failure could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”).
12. EXPORT RESTRICTIONS. The Products are subject to U.S. export jurisdiction. OVH must comply with all applicable laws including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
13. LIABILITY FOR BREACH. In addition to any liability you may have to OVH, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.
14. INFORMATION DISCLOSURE. You must permit OVH to disclose any information requested by Microsoft under the OVH’s Agreement. Microsoft will be an intended third party beneficiary of your agreement with OVH, with the right to enforce provisions of your agreement with OVH and to verify your compliance.